THIS
IS
A
LEGAL
DOCUMENT
AFFECTING
YOUR
RIGHTS
AND
RESPONSIBILITIES.
PLEASE
READ
IT
CAREFULLY
AND
CONSIDER
TAKING
INDEPENDENT
LEGAL
ADVICE
Address: ____________________________________________________________________________________
1
(d) Shine’s
labour
and
expense
in
making
arrangements
for
the
filming
and
recording
of
the
Contributions
and
the
opportunity
provided
to
you
to
potentially
appear
in
or
in
association
with
the
Competition/Program
(Benefits)
include
sufficient
and
adequate
consideration
for
the
use
and
exploitation
of
the
Contributions
and
the
Competition/
Program
(including
without
limitation
your
appearance
in
any
and
all
episodes
of
the
Program)
by
any
means
and
media,
anywhere
in
the
universe
and
you
waive
any
right
and/or
entitlement
to
any
equitable
relief,
remuneration
or
other
payment
howsoever
arising
in
connection
with
such
use
or
exploitation.
You
further
acknowledge
and
agree
that
the
Benefits
also
include
full
and
final
consideration
for
your
attendance
at
any
and
all
activities
as
required
by
Shine
in
connection
with
the
Competition/Program
and
that
your
Contributions
to
the
Competition/Program
are
not
a
professional
performance
and
do
not
entitle
you
to
wages,
salary
or
other
compensation.
1.4
The
expression
the
Program
shall
include
without
limitation
the
series
of
programs
titled
“MasterChef”,
any
spin
off
program
or
product
based
on
the
Program
and/
or
its
underlying
format
and
any
audition,
competition,
recording,
interview,
event,
promotion,
publicity
or
activity
relating
thereto
including
but
not
limited
to
home
entertainment
product
videogram
releases
(including
releases
on
Digital
Video
Disc
(DVD),
videocassettes,
video
discs
and
any
other
form
of
optical,
magnito-‐optical
or
magnetic
storage
device)
or
any
related
interactive/online
activity.
2 CONSENT
2.1 By
entering
into
this
Agreement
you
consent
to
(a)
Shine
filming
and
recording
you,
your
voice,
actions
and
sound
effects,
and
cooking,
cooking
methods
and
recipes
at
any
time
and
in
any
way
(including
whether
or
not
you
are
aware
of
such
recording
taking
place)
including
your
whole
contribution
to
and
for
the
purpose
of
the
Program;
and
(b)
Broadcaster
and
Shine
broadcasting
any
film,
recording
or
images
made
or
taken
by
Shine
in
accordance
with
this
Agreement
and
in
connection
with
the
Program.
3.
CONFIDENTIALITY
3.1
Except
with
Shine's
prior
written
consent
and
save
in
respect
of
any
information
that
must
be
disclosed
to
any
professional
advisers
by
you
in
respect
of
this
Agreement
and
your
participation
in
the
Program
or
as
required
by
law,
and
subject
to
the
following
sub-‐
clauses
of
this
clause
3,
you
agree
that
the
following
information
is
to
be
kept
strictly
confidential
and
must
not
be
disclosed
to
any
other
person:
(a) the
events
that
occur
in
the
Program
and/
or
the
outcome
of
the
Program
or
any
part
of
it;
and
(b) any
other
information
that
may
affect
your
experience
and
other
Contestants'
experiences
or
eliminate
the
surprise,
tension
or
outcome
of
the
Competition/Program
for
the
viewing
public,
(all
together
Confidential
Information)
until
and
unless
the
information
is
in
the
public
domain,
as
a
result
of
authorised
release
or
broadcast
by
Broadcaster
and
not
as
a
result
of
a
breach
of
confidentiality.
And
if
you
are
unsure
whether
the
Confidential
Information
is
still
confidential,
keep
it
confidential
until
you
have
confirmed
the
position
with
Shine.
3.2 All
information
directly
or
indirectly
disclosed
at
any
time
by
Shine
whether
orally,
in
writing
or
in
any
way
relating
to
the
general
business
of
Shine
and/
or
the
Program
of
which
you
become
aware
is
the
property
of
Shine
and
is
confidential
(and
is
also
included
within
the
expression
Confidential
Information).
You
must
not
divulge,
use
or
disclose
any
Confidential
Information
to
any
person
or
organisation
at
any
time
(other
than
as
required
by
Shine).
You
must
not
copy
or
allow
to
be
copied
any
Confidential
Information
in
any
form.
You
must
also
keep
secure
and
take
all
reasonable
steps
to
keep
secure
all
Confidential
Information.
Any
Confidential
Information
or
copies
thereof
must
be
returned
to
Shine
at
the
end
of
your
involvement
in
the
Program
or
immediately
on
demand.
You
must
immediately
inform
Shine
if
you
suspect
or
become
aware
of
any
unauthorized
disclosure
of
any
Confidential
Information.
3.3 If
you
disclose
Confidential
Information
to
any
persons
that
are
required
to
know
the
Confidential
Information
under
the
following
sub-‐clause,
you
must
ensure
that
such
persons
also
agree
to
keep
the
information
confidential
and
that
such
persons
agree
to
be
bound
by
the
same
confidentiality
requirements
of
this
Agreement.
Shine
may
also
require
such
persons
to
sign
a
confidentiality
agreement.
Notwithstanding,
you
agree
to
be
responsible
for
any
disclosure
of
Confidential
Information
by
such
persons.
3.4 Without
limiting
the
other
terms
of
this
Clause
3,
you
hereby
warrant
you
will
not
in
any
media
throughout
the
Universe
(including
without
limitation
on
any
website
or
other
online
media
-‐
whether
online
social
networking
site
such
as
Twitter,
MySpace,
Facebook,
You
Tube,
Instagram,
Pintrest
or
any
other
website
or
any
other
online
and/
or
digital
media
of
any
similar
or
other
sort):
-‐
a) You
shall
not
make
any
statement
about
nor
actively
publicise
nor
discuss
with
any
third
party
without
prior
written
consent
from
Shine
any
information
relating
to
the
Competition/Program,
your
appearance
in
the
Competition/Program
or
any
of
the
production
team
or
any
Contestants
in
the
Competition/Program
or
any
other
information
which
may
come
to
your
attention
relating
to
Broadcaster,
Shine,
any
prize
providers
or
any
other
person
or
party
otherwise
connected
to
the
Competition/Program
save
for
such
information
which
is
already
public
knowledge.
(Should
you
be
contacted
by
a
member
of
the
Press
or
any
media
organization
you
agree
to
refer
them
to
Masterchef’s
Unit
Publicist,
Natalie
Kaplan
on
Ph:
(03)
9998
0050);
b) For
the
period
from
the
date
of
this
Agreement
to
the
date
of
the
first
broadcast
of
the
final
episode
of
the
broadcast
of
the
Competition/Program
on
the
Broadcaster’s
network
(Period),
i. You
shall
not
personally
(nor
engage
or
allow
others
to)
use,
publicise
or
exploit
your
name,
likeness,
image,
biography
or
cooking
and
food
preparation
abilities
other
than
by
way
of
the
Contributions
to
the
Competition/Program
as
specifically
authorised
by
Shine
without
the
reasonable
consent
in
writing
of
Shine
and
Broadcaster;
2
ii. Where
as
at
the
date
of
signature
of
this
Agreement
(or
in
the
period
preceding
this
date),
you
have
and/
or
control
your
own
website,
web
page,
page
on
any
social
or
other
online
networking
site
(as
mentioned
above),
or
any
other
website
or
other
online
and/
or
digital
media
entity
(Online
Presence),
you
will
immediately
(but
temporarily
for
the
Period,
the
period
being
from
the
start
of
the
Production
Period
until
the
day
after
the
last
episode
of
the
Program
is
first
broadcast
by
the
Broadcaster)
take
down,
block,
suspend,
put
on
hold,
take
off
line
or
otherwise
cease
involvement
in
any
Online
Presence
such
that
for
the
period,
such
Online
Presence
will
cease
and/
or
be
developed
no
further
in
addition
to
your
obligations
under
Clause
3.4
a)
above;
and
iii. You
will
not
provide
information,
comment,
material
(including
any
photographic,
film,
audio
and/
or
audio-‐visual
material
of
whatever
sort)
to
any
other
individual
or
company
or
any
other
entity
(Third
Party)
or
otherwise
support
any
Third
Party
in
relation
to
any
website,
web
page,
page
on
any
social
or
other
online
networking
site
(as
mentioned
above),
or
any
other
website
or
other
online
and/
or
digital
media
entity
either
relating
to
you
and/
or
the
Program/Competition
or
referencing
or
otherwise
mentioning
either
you
and/
or
the
Program/Competition
in
any
way
or
manner
whatsoever.
c)
You
acknowledge
that
Shine
reserves
the
right
to
disqualify
you
from
the
Competition
and
terminate
this
Agreement
(exercisable
at
any
time
at
its
sole
discretion)
if
you
breach
any
of
the
provisions
of
this
Clause
3.
3.5 You
will
not
use
or
disclose
to
any
Third
Party
any
information
or
trade
secrets
obtained
or
learned
as
a
result
of
your
participation
in
the
Program,
including
without
limitation
any
such
information
concerning
or
relating
to
the
Program,
the
Contestants,
the
events
contained
in
the
Program,
the
outcome
of
the
Competition,
or
the
contents
of
this
Agreement
or
any
other
agreement
or
document
that
you
sign,
have
signed
or
receive
from
Shine
at
any
time.
3.6 You
recognize
that
a
breach
by
you
of
any
part
of
this
Clause
3
would
cause
Shine
and
Broadcaster
significant
and
irreparable
injury,
damage,
loss,
costs
and
expenses
as
a
result
of
your
breach
and
you
hereby
expressly
agree
that
Shine
and
Broadcaster
shall
be
entitled
to
injunctive
and
other
equitable
relief
(without
posting
bond
or
security
for
costs)
to
prevent
and/or
cure
any
breach
or
threatened
breach
of
any
part
of
this
Clause
3
by
you.
3.7 In
addition,
in
the
event
of
any
breach
of
any
of
the
foregoing
provisions
of
this
Clause
3,
without
limitation,
Shine
reserves
its
right
to
suspend
your
involvement
in
the
Program
and
the
Competition
(either
temporarily
or
permanently)
immediately
or
at
any
later
stage
and
Shine
reserves
its
right
to
remove
you
completely
from
participation
in
the
Program
and
the
Competition
at
Shine’s
entire
discretion.
4.
HEALTH
PROFESSIONALS
AND
DISCLOSURE
OF
MEDICAL
/
HEALTH
INFORMATION
4.1 You
have
to
provide
to
us
a
completed
health
and
medical
questionnaire
(Health
Questionnaire)
that
you
warrant
you
have
completed
honestly,
truthfully
and
to
the
best
of
your
knowledge
and
you
agree
that
your
participation
in
the
Program
is
subject
to
submitting
to
any
examinations
and/
or
assessments
that
Shine
may
require
(if
any)
and
to
which
you
agree,
by
any
type
of
medical
practitioner
(Medical
Practitioner),
and
the
results
being
satisfactory
to
Shine.
4.2 Notwithstanding
any
other
term
of
this
Agreement,
you
authorise
the
Medical
Practitioner
to
disclose
the
Medical
Records
to
Shine
for
the
purposes
of
the
production
of
the
Program
and
you
grant
Shine
the
necessary
rights
and
consents
under
the
Heath
Records
and
Information
Privacy
Act
2002
(NSW)
to
allow
Shine
to
collect
and
disclose
the
medical
and
health
information
contemplated
by
this
clause
4,
strictly
for
the
purposes
of
the
production
of
the
Program.
4.3 In
case
of
an
emergency,
you
authorise
Shine
to
arrange
for,
or
provide
to
you,
medical
assistance
as
Shine
determines
to
be
necessary.
4.4 Shine
may
at
any
time
(in
its
sole
discretion)
remove
you
from
participating
in
the
Program
if
Shine
determines
(in
its
sole
discretion)
that
you
are
not
fit
to
continue
to
participate
in
the
Program.
4.5 You
acknowledge
that
(a)
Shine
is
not
responsible
for
any
losses,
damages,
injuries
or
claims
that
you
may
incur,
whether
before,
during
or
after
production
of
the
Program
and
whether
in
connection
with
your
participation
in
the
Program
or
otherwise;
and
(b)
it
is
your
sole
and
independent
decision
to
participate
in
the
Program
and
in
any
of
the
tasks,
activities
and
events,
and
such
decisions
are
made
solely
at
your
discretion
and
you
assume
any
risks
associated.
4.6 For
the
avoidance
of
any
doubt,
Shine
has
no
obligation
to
obtain
insurances
on
your
behalf.
4.7 In
this
Agreement:
Medical
Sessions
means
any
medical
examinations,
assessments,
consultations
and/or
treatment
sessions
conducted
by
Medical
Practitioners
that
you
attend
or
are
required
to
attend
in
connection
with
your
participation
in
the
Program;
and
Medical
Records
means
(a)
information
discussed
or
disclosed
in
any
Medical
Sessions;
and/or
(b)
the
results
of
any
Medical
Sessions
and
any
associated
information,
records
or
reports.
5. PROHIBITED
ITEMS
5.1
You
agree
that
during
the
Production
Period
(a)
you
will
not
bring
or
have
in
your
possession
any
illegal
drugs,
weapons
(whether
legal
or
illegal),
or
other
illicit,
offensive
or
dangerous
items,
as
Shine
may
determine
in
Shine's
sole
and
absolute
discretion
(Prohibited
Items);
and
(b)
you
will
not
engage
in
any
illegal
or
potentially
illegal
activities
(including
but
not
limited
to
drug
use,
violence
or
assault)
at
any
of
the
Program
locations
or
other
locations
that
Shine
requires
you
to
attend
in
connection
with
the
Program.
5.2 To
ensure
you
do
not
bring
or
have
in
your
possession
any
Prohibited
Items
at
any
time
during
the
Production
Period,
Shine
reserves
the
right
to
conduct
reasonable
searches
of
you
and
your
belongings
when
you
are
participating
in
the
production
of
the
Program.
3
6. YOUR
UNDERTAKINGS
You
undertake
and
confirm
that:
a) you
have
not
entered
into,
nor
will
enter
into,
any
professional
or
other
commitment
or
undertake
work
for
any
third
party
which
would
or
might
conflict
with
your
Contribution
and
your
obligations
contained
in
this
Agreement;
b) you
shall
provide
your
Contribution
conscientiously
and
in
a
competent,
responsible
manner
as
and
when
required
and
in
full
and
willing
co-‐operation
with
such
persons
as
Shine
may
require;
c) the
information
you
provided
to
Shine,
including
but
not
limited
to
the
information
you
provided
in
the
application
form
and
other
related
Program
forms
(Forms)
is
true
and
correct;
d) you
have
read
and
will
abide
by
the
terms
of
the
Forms;
e) you
will
obey
all
the
reasonable
instructions
of
Shine
and
in
particular
the
instructions
of
the
producers
of
the
Program;
f) you
will
abide
by
Shine's
occupational
health
and
safety
policies
and
guidelines
as
notified
to
you
from
time
to
time,
at
all
times
during
the
Production
Period;
g) you
have
not
committed
any
act
or
omission
that
could
in
any
way
bring
the
Program
and/
or
Shine
and/
or
Broadcaster
into
disrepute
(including
being,
or
the
possibility
of
being,
the
subject
of
any
criminal
convictions
or
charges
or
the
subject
of
any
civil
action
in
relation
to
any
matters
that
might
bring
the
Program
and/
or
Shine
and/
or
Broadcaster
into
disrepute);
h) you
have
no
criminal
convictions
and
are
not
subject
to
any
current
police
investigations
or
criminal
or
civil
court
processes
or
any
arrest
warrants
and
have
never
been
arrested;
i) you
will
abide
by
the
Rules
at
all
times;
j) you
will
inform
Shine
immediately
if
you
have
breached
any
of
the
Rules
or
any
aspect
of
the
Forms
or
if
you
are
aware
that
any
other
Contestant
has
violated
or
breached
the
same;
k) you
will
not
cause
injury,
harm
or
damage
to
any
person
or
to
any
person's
property
during
the
production
of
the
Program
(including
the
accommodation
provided
to
you
by
Shine),
and
you
will
be
personally
liable
for
any
such
damage
should
it
occur;
l) you
will
inform
Shine
immediately
if
you
or
any
member
of
your
immediate
family
is
employed
by
Shine,
the
Broadcaster
or
any
person,
or
entity
otherwise
involved
or
participating
in
the
Competition/Program
and
its
production
including
but
not
by
way
of
limitation
any
of
the
judges;
m) you
will
not
abuse
or
be
offensive
or
abusive
to
any
other
Contestant
of
the
Program
and/
or
any
member
of
Shine’s
employees
or
contractors
(including
all
production
staff)
and/
or
any
representative
of
Broadcaster
or
any
of
Broadcaster’s
sponsors
of
the
Program;
n) your
Contribution
will
not
contain
any
defamatory,
blasphemous
or
racially
inflammatory
matter
or
breach
any
contract
or
duty
of
confidence
or
constitute
a
contempt
of
court
or
expose
Shine
or
Broadcaster
to
any
civil
or
criminal
proceeding;
and
o) you
will
not
do
anything
detrimental
to,
nor
say
anything
detrimental
about,
the
Program
or
anyone
involved
with
it,
Shine,
the
Shine
Group
or
Broadcaster.
7.
YOUR
ELIMINATION
FROM
THE
PROGRAM
7.1
During
the
Program/Competition,
Contestants
are
eliminated
pursuant
to
rules
and
procedures
determined
by
Shine
in
its
complete
discretion.
7.2
Notwithstanding
any
other
clause
in
this
Agreement,
Shine
reserves
the
right
to
eliminate
you
from
participation
in
the
Program/Competition
and/or
terminate
this
Agreement,
for
any
reason
whatsoever,
without
notice
to
you
and
without
giving
you
any
reason.
7.3
Notwithstanding
clause
7.2,
you
understand
that
each
of
the
following
are
explicit
grounds
for
your
immediate
expulsion
from
the
Program/Competition
and
that
Shine
may
terminate
this
Agreement
immediately
by
notice
in
writing
if,
without
limitation:
a) you
commit
a
material
breach
of
this
Agreement;
b) you
are
rendered
incapable
of
performing
your
obligations
under
this
Agreement
for
any
reason;
c) any
of
your
statements
or
representations
are
false,
misleading
or
incomplete
in
any
way,
including
any
statements
made
in
the
Forms
and
the
Health
Questionnaire;
d) you
break
any
promise,
or
fail
to
abide
by
or
meet
the
requirements
outlined
in
this
Agreement;
e) you
breach
this
Agreement
or
any
other
agreement
that
you
have
or
may
make
in
the
future
in
connection
with
the
Competition/Program;
f) you
breach
any
of
the
Rules;
g) you
fail
to
obey
the
reasonable
instructions
of
Shine
or
its
representatives;
h) you
intentionally
or
recklessly
act
or
behave
(or
if
you
encourage
such
behaviour)
in
a
manner
that
endangers,
threatens,
intimidates
or
harms
any
Contestant,
any
member
of
the
production,
any
other
person
or
any
property;
i) you
bring
Shine,
any
member
of
the
Shine
Group,
Broadcaster,
or
the
Program
into
disrepute;
j) the
results
of
any
Medical
Sessions
are
deemed
by
Shine
(in
its
sole
discretion)
to
render
you
unfit
to
participate
in
the
Program;
and/or
k) Shine
ceases
production
of
the
Program
for
any
reason.
7.4
Any
such
elimination
whether
under
Clauses
7.2
or
7.3,
at
the
entire
discretion
of
Shine,
may
be
made
at
any
point
in
the
Competition/Program,
without
remuneration,
and
further,
Shine
may
withhold
from
any
Contestant
the
Prize
(or
any
part
thereof)
or
any
monies
that
the
Contestant
would
otherwise
have
won
and
following
elimination,
the
Contestant
must
return
to
Shine
any
part
of
the
Prize
or
monies
already
paid
to
that
Contestant.
7.5
In
the
event
of
any
such
elimination,
Shine
and
the
Broadcaster,
in
their
sole
discretion,
may
make
any
explanation
or
announcement
related
to
the
same,
whether
on-‐air
or
otherwise
without
restriction.
4
8.
THE
PRIZE
The
granting
of
the
Prize
is
at
Shine's
sole
discretion
and
Shine
is
not
obliged
in
any
way
to
award
any
prizes.
Other
than
the
Prize,
no
other
prize
or
other
consideration
will
be
given
in
relation
to
your
participation
in
the
Program,
unless
Shine
decides
otherwise
in
its
sole
discretion.
Shine's
selection
of
the
Contestant
entitled
to
the
Prize,
or
any
other
prize,
shall
be
final
and
binding
and
is
not
subject
to
any
review,
challenge
or
appeal.
If
the
production
of
the
Program
is
abandoned
or
terminated
for
any
reason,
neither
the
Prize
nor
any
prize
will
be
awarded.
The
recipient
of
any
Prize
(or
any
element
of
any
Prize)
shall
be
solely
responsible
for
accounting
to
the
Australian
Tax
Office
in
this
regard
and
for
making
any
payment
of
tax
properly
due
thereon.
9. NO
OTHER
MEDIA
APPEARANCES
The
following
provisions
shall
apply
to
commercial,
contractual,
sponsorship
and/or
other
agreements
or
arrangements
with
any
person,
firm
or
company:
-‐
a)
Unless
with
the
prior
written
agreement
of
Shine
and
the
Broadcaster,
you
agree
and
confirm
that
you
have
not
previously,
nor
will
you
from
the
date
of
this
Agreement
until
three
(3)
months
after
the
first
broadcast
of
the
last
episode
of
the
Program
by
the
Broadcaster
(Exclusive
Period)
(other
than
for
any
agreements
contemplated
under
this
Agreement):
-‐
i. participate
or
appear
in
any
other
television
and/or
radio
and/or
digital
media
program
and/or
production
(including
without
limitation
online)
including
hosting,
presenting,
appearing
as
a
guest
or
segment
host
or
presenter
and
also
including
any
talent
contest,
including
any
talent
contest
relating
to
your
cooking/food
preparation
abilities;
or
ii. enter
into
any
commercial,
contractual,
sponsorship
or
other
agreement
or
arrangement
with
any
person,
firm
or
company
(other
than
Shine)
without
exception
in
respect
of
your
cooking
and/or
food
preparation
abilities
on
television
or
any
internet
service
or
any
other
audio-‐visual
medium
or
the
products
thereof
or
in
respect
of
your
name,
appearance,
likeness,
image
or
biography
and
accordingly
you
will
be
exclusive
to
the
Broadcaster
in
respect
of
any
appearance
on
programs
on
any
media
including
television
(whether
free
to
air,
pay
TV,
mobile,
online
or
otherwise)
save
only
as
specifically
required
by
Shine
and/or
the
Broadcaster
as
provided
for
in
this
Agreement;
or
iii. allow
or
permit
images
of
you
to
appear
in
any
other
television
production
any
other
media
program
and/
or
production
of
any
kind
(including
without
limitation
online);
or
iv. appear
on
or
authorise
production
of
or
participate
in
any
way
with
any
other
media,
including
commercials
or
adverts,
print
media,
internet/
online
services
or
any
other
media
outlet
than
Broadcaster
(or
any
station
or
website
owned
by
Broadcaster);
or
v. enter
into
any
commercial,
contractual,
sponsorship
or
other
arrangement
or
agreement
with
any
person,
firm
or
company
other
than
Shine
where
you
accept
money,
gifts,
clothing
or
other
goods
for
the
purpose
of
displaying,
wearing,
advertising,
promoting
or
endorsing
such
gifts,
clothing
or
other
goods
during
the
production
of
the
Competition/
Program
and
the
Exclusivity
Period;
vi. enter
into
any
commercial,
contractual,
sponsorship
or
other
agreement
or
arrangement
with
any
of
the
Program/Competition
Judges
or
Hosts
or
any
entity
with
which
any
of
them
are
associated
in
respect
of
your
cooking
and
food
preparation
abilities
or
the
products
thereof
or
in
respect
of
your
name,
appearance,
likeness,
image
or
biography,
which
restriction
also
applies
after
the
Exclusivity
Period
unless
the
arrangement
is
with
the
prior
written
consent
of
Shine;
vii. enter
into
any
commercial,
contractual,
sponsorship
or
other
agreement
or
arrangement
with
any
employee
and/or
contractor
of
the
Shine
and/or
Broadcaster,
whether
or
not
working
on
the
Program
or
any
entity
with
which
any
of
them
are
associated
in
respect
of
your
cooking
and
food
preparation
abilities
or
the
products
thereof
or
in
respect
of
your
name,
appearance,
likeness,
image
or
biography,
which
restriction
also
applies
after
the
Exclusive
Period
unless
the
arrangement
is
with
the
prior
written
consent
of
Shine;
viii. any
commercial,
contractual,
sponsorship
or
other
agreement
or
arrangement
with
a
publisher
or
similar
entity
in
relation
to
book,
magazine
or
online
publishing
in
respect
of
your
cooking
and
food
preparation
abilities
or
the
products
thereof
or
in
respect
of
your
name,
appearance,
likeness,
image
or
biography,
which
restriction
also
applies
for
nine
(9)
months
after
the
Exclusivity
Period
unless
the
arrangement
is
with
Shine’s
prior
written
consent.
b) The
Exclusive
Period
shall
be
extended
(unless
found
invalid
by
any
Court)
to
six
(6)
months
from
the
date
of
first
broadcast
of
the
last
episode
of
the
Program
by
the
Broadcaster,
in
respect
of
sub-‐clause
9
a)
i.
c) Should
you
have
entered
into
such
agreement
or
arrangement
(Unauthorised
Arrangement)
prior
to
the
date
of
this
Agreement
or
if,
contrary
to
the
requirements
of
this
Agreement,
you
enter
into
such
an
agreement
or
arrangement
you
hereby
undertake
to
notify
Shine
immediately
and
Shine
shall
be
entitled
to
take
such
action
as
it
considers
(in
its
absolute
discretion)
to
be
appropriate
including
without
limitation,
disqualifying
you
from
the
Competition
and
terminating
your
participation
in
the
Program.
10. NO
ENDORSEMENT
OR
SPONSORSHIP
OF
PRODUCTS
a)
Except
with
Shine's
prior
written
consent
or
as
contemplated
by
this
Agreement,
you
must
not:
i. have
any
contact
with
any
media
organisation
in
relation
to
the
Program;
ii. enter
into
any
agreement
or
arrangement
similar
to
that
contemplated
by
this
Agreement
with
any
media
organisation
including,
but
not
limited
to,
any
television
broadcaster,
radio
broadcaster
or
program
producer
of
any
kind
during
the
Exclusive
Period;
or
iii. give
or
receive
any
money
or
other
valuable
consideration
in
connection
with
your
involvement
or
appearance
in
the
Program
during
the
Exclusive
Period;
or
iv. market
any
product
or
service
with
reference
to
the
Program
and/
or
your
participation
in
the
Program;
or
5
v. during
the
Production
Period
and
for
three
(3)
months
thereafter,
associate
with
any
cause,
undertake
any
work,
accept
any
endorsements,
write
for
publications
or
appear
in
advertisements
or
speak
in
public
in
such
a
way
as
may
reasonably
be
considered
by
Shine
and
Broadcaster
to
materially
prejudice
the
Program
or
your
Contributions,
Shine’s
consent
not
to
be
unreasonably
withheld.
b)
Shine
may
freely
assign
your
services
and
all
other
rights
in
the
Contributions
and
any
other
participation
in
the
Program/Competition
to
any
third
party
free
of
any
charge
to
you
and
you
acknowledge
that
you
will
be
obliged
to
support
commercial
sponsors
of
the
Program/Competition
as
may
be
reasonably
required
by
Shine
and/
or
the
Broadcaster.
11. PUBLICITY
11.1 You
understand
and
agree
that
Shine
and
Broadcaster
will
solely
control
the
issuance
of
all
publicity,
press
releases
and
press
conferences
related
to
the
Program,
save
as
specifically
permitted
by
Shine
under
this
Agreement.
11.2 Except
with
Shine's
prior
written
consent,
you
must
not
grant
any
interviews
to
third
parties,
participate
in
any
publicity,
press
releases,
or
press
conferences
or
communicate
with
any
third
party
directly
or
indirectly
in
any
respect
in
connection
with
the
Program
and
in
connection
with
your
involvement
with
the
Program,
save
as
specifically
permitted
by
Shine
under
this
Agreement.
12. GRANT
OF
RIGHTS
12.1 Shine
may
exploit
the
Program
and
the
Content
in
whole
or
in
part
by
any
means,
for
any
purpose
and
in
all
media,
now
known
or
hereafter
devised
throughout
the
universe
in
perpetuity
in
its
sole
discretion
without
payment
to
you.
12.2 You
hereby
assign
to
Shine
all
copyright
and
other
rights
that
may
vest
in
or
otherwise
be
held
by
you
in
connection
with
the
Program
or
the
Content
including
all
artistic
work
produced
by
you
and
including
your
audition
tape
and
any
other
material
you
submitted.
12.3 You
are
not
entitled
to
any
other
payment
or
compensation
in
connection
with
the
exercise
by
Shine
of
the
rights
in
clause
12.1.
12.4 In
exercising
its
rights
under
this
clause
12,
Shine
may
(a)
edit,
adapt
or
otherwise
modify
the
Program;
(b)
use
your
name,
likeness,
photograph,
caricature,
biographical
material
and
voice
in
relation
to
exploitation
of
the
Program
in
any
media;
and
(c)
sublicense
the
rights
set
out
in
this
clause
12.
12.5 To
the
extent
permitted
by
law,
you
waive
absolutely
and
irrevocably
all
moral
rights
(as
may
be
granted
under
the
Copyright
Act
1968)
in
relation
to
the
Program
and
the
Content
and
further
undertake
not
to
raise
any
action
in
relation
to
any
moral
rights
claim
and/
or
infringement
of
whatever
sort
arising
from
the
Content
and/
or
the
Program.
For
the
purposes
of
this
paragraph,
a
moral
right
may
be
waived
by
consenting
to
any
act
or
omission
which
would
otherwise
constitute
an
infringement
of
that
moral
right.
12.6 You
consent
to
the
recording,
use
and
reuse
by
Shine,
Broadcaster,
and
any
of
their
respective
licensees,
successors,
assignees,
parents,
subsidiaries,
or
affiliated
entities,
and
each
of
their
respective
employees,
agents,
representative,
officers
and
directors
(collectively
Releasees)
of
your
voice,
actions,
likeness,
name,
appearance,
biographical
material,
and
any
information
contained
in,
derived
from
or
obtained
in
connection
with
your
participation
in
the
Program
or
in
any
materials
submitted
by
you
or
a
third
party
in
connection
therewith
(which
includes,
without
limitation,
any
personal
information
as
defined
in
the
Privacy
Act
1988
(Cth)
or
otherwise
(Personal
Information)),
(collectively
Likeness)
as
edited,
altered,
or
modified
by
Shine
or
by
any
of
the
other
Releasees,
in
any
and
all
media
now
known
or
hereafter
devised,
throughout
the
universe
in
perpetuity,
in
or
in
connection
with
the
Program.
12.7 If
you
display
or
perform
during
the
Competition
and/or
in
the
Program
any
photographs,
published
works
and/or
other
artistic
materials,
including
without
limitation
recipes
(collectively,
Materials),
then
you
will
already
have,
or
have
obtained,
all
of
the
rights,
clearances,
and
releases
necessary
for
Shine
and
the
Broadcaster
to
exploit
the
Materials
on
or
in
connection
with
the
Competition/
Program
and
the
exploitation
thereof
including
their
ancillary
exploitation
in
any
and
all
media
now
known
or
hereafter
devised,
throughout
the
universe
in
perpetuity.
You
hereby
indemnify
and
hold
harmless
Shine
and
the
Broadcaster
as
to
your
use
of
the
Materials
and
Shine’s
use
and/or
exploitation
of
the
Materials
in
connection
with
your
appearance
in
the
Competition
and
on
the
Program
or
otherwise.
12.8 Without
limiting
the
foregoing,
you
hereby
assign
irrevocably
to
Shine
(including
present
assignment
of
future
copyright)
the
entire
copyright
and
all
other
rights
of
whatsoever
nature
in
your
contributions
to
the
Program
(including
without
limitation
the
Contributions
and
the
Materials
to
the
extent
that
you
have
right
to
the
same),
the
Likeness
and
any
materials
of
any
sort
provided
to
Shine
such
that
Shine
shall
be
entitled
to
use
and
exploit
and
license
others
to
use
and
exploit
the
same
by
all
means
and
in
all
media
and
formats
whether
now
known
or
hereafter
invented
throughout
the
Universe
for
the
full
period
of
copyright
including
any
extensions
and
renewals
thereto
and
thereafter
insofar
as
is
possible
in
perpetuity.
Furthermore,
you
grant
irrevocably
all
consents
and
waivers
(to
the
extent
permissible
at
law)
necessary
to
enable
the
Shine
(and
persons
authorised
by
Shine)
to
make
fullest
use
of
the
Program,
your
contributions
(including
without
limitation
the
Contributions
and
the
Materials
to
the
extent
that
you
have
right
to
the
same)
to
the
Program,
the
Likeness
and
any
materials
without
restriction.
12.9 Shine
may
freely
assign
your
services
and
all
other
rights
in
the
Contributions
and
any
other
participation
in
the
Competition/Program
to
any
third
party
and
you
acknowledge
that
you
will
be
obliged
to
support
commercial
sponsors
of
the
Competition/Program
as
may
be
reasonably
required
by
the
Shine
and/
or
the
Broadcaster.
Specifically,
this
includes
that
you
must
make
yourself
available
on
dates
as
required
by
Shine,
to
appear
and,
if
requested,
appear
in
one
or
more
television
commercials
during
the
term
of
the
Competition,
and
also,
if
requested,
to
appear
at
a
sponsor
event
anywhere
in
Australia
in
the
week
after
your
elimination
from
the
Competition
if
requested
by
Shine
or
the
Broadcaster.
You
understand
that
you
will
not
be
paid
a
fee
for
any
such
appearance,
however,
costs
associated
with
any
necessary
travel
(economy
class)
will
be
covered,
unless
you
live
in
or
near
the
location
of
the
television
commercial
shoot
or
appearance,
in
which
event
no
travel
will
be
covered.
You
understand
and
accept
that
the
final
television
commercial
(together
with
any
variation
of
the
television
commercial)
may
or
may
not
include
your
appearance.
6
12.10 Without
limiting
the
forgoing,
you
agree
that
the
Releasees
shall
be
entitled
to:
(a) alter,
adapt
or
make
additions
to
or
deletions
from
the
Program
(and
your
Likeness
thereon)
at
their
discretion;
(b) make
and
exploit
and
to
authorise
the
making
and
exploitation
of
any
recording
or
fixation
of
your
Likeness
separately
from
or
in
conjunction
with
the
Program
throughout
the
Universe
in
perpetuity
in
all
media
whether
now
known
or
hereafter
invented,
and
to
dub
your
voice
in
any
language;
and
(c) use
your
Likeness,
the
materials
you
supply
to
Shine
including
the
Materials
and
any
photographs
and
recordings
of
interviews
with
you
separately
from
or
in
conjunction
with
the
Program
in
all
media
and
formats
throughout
the
Universe
including
but
not
by
way
of
limitation
in
advertising,
publicity,
promotions,
marketing
and
exploitation
material;
and
(d) For
the
avoidance
of
doubt,
you
irrevocably
consent
to
the
Releasees
(and
persons
authorised
by
the
Releasees)
transferring
Personal
Information
about
you
overseas
to
related
body
corporates
and
third
parties
associated
with
the
Program
and
to
use
the
Personal
Information
in
accordance
with
the
provisions
in
this
Agreement.
12.11 In
this
Agreement,
Content
means
all
information
in
whatever
form
provided
by
you
or
obtained
by
Shine
before
or
after
the
date
of
this
Agreement
in
relation
to
you
and
your
participation
in
the
Program
which
includes
(without
limitation):
(a) any
information
and/
or
material
(whether
audio-‐visual
or
printed
or
otherwise)
(i)
provided
by
you
to
Shine
and/or
(ii)
included
in
your
Contribution;
(b) the
results
and
proceeds
of
your
Contribution
and
your
participation
in
the
Program
(including
without
limitation,
your
actions
as
filmed
and
recorded
by
Shine
in
connection
with
the
Program
as
contemplated
by
this
Agreement).
12.12 You
agree
to
complete
and
sign
any
documents
(including
any
further
releases
and/
or
agreements)
Shine
may
require
in
order
to
effect
the
grant
of
rights
and
permissions
contained
in
this
Agreement
or
as
required
to
complete
your
participation
in
and
the
production
of
the
Program.
13. RELEASES,
WAIVERS
AND
INDEMNITIES
13.1 To
the
maximum
extent
permitted
by
law,
you
release
and
indemnify
the
Shine
Group,
and
the
Broadcaster
from,
and
against,
all
complaints,
actions,
proceedings,
joinder,
accounts,
rights,
claims,
cross-‐claims,
demands,
liabilities,
costs
and
expenses,
wherever
and
however
arising,
known
or
unknown
(including,
without
limitation,
claims
for
injury,
illness,
death,
damage,
loss
or
harm
to
you
or
your
property,
breach
of
privacy
or
confidentiality,
defamation
and
breach
of
any
statute
regulating
the
use
of
listening
devices
and/or
cameras)
(together
Shine
Claims),
arising
out
of
or
relating
in
any
way
to:
(a) your
participation
in
the
Program
and
the
Content,
including
without
limitation
your
participation
in
the
activities
associated
with
the
Program
(including
without
limitation
your
cooking,
cooking
methods
and
recipes),
whether
occurring
before,
during
or
after
your
actual
participation
in
the
Program;
(b) any
statement,
action
or
omission
made
by
you
during
or
in
connection
with
the
Program
or
resulting
directly
or
indirectly
from
the
Program
(whether
before,
during
or
after
your
actual
participation
in
the
Program);
(c) any
breach
by
you
of
this
Agreement;
(d) your
elimination
from
the
Program;
(e) your
possession
or
use
of
any
prize
(including
the
Prize);
(f) the
exercise
of
rights
granted
by
you
under
this
Agreement,
including
without
limitation
the
use
and
exploitation
of
the
Content;
(g) the
exploitation
of
the
Program
and
the
exercise
of
rights
granted
by
you
under
this
Agreement,
including
without
limitation
the
use
and
exploitation
of
the
Content
and
your
inclusion
on
the
Program
Website.
13.2 Shine
holds
the
benefit
of
the
release
and
indemnity
in
clause
13.1
as
agent
for
each
member
of
the
Shine
Group.
13.3 The
parties
agree
that
the
terms
of
clause
13.1
may
be
pleaded
by
a
member
of
the
Shine
Group
and/or
the
Broadcaster
as
a
bar
to
any
actions,
suits,
claims,
demands,
joinder
or
legal
proceedings
in
any
jurisdiction,
wherever
instituted
by
another
party,
in
respect
of
any
matter
that
is
the
subject
of
the
release
in
clause
13.1.
13.4 In
this
Agreement:
Shine
Group
means
(a)
Shine
and
each
of
its
related
bodies
corporate
(as
that
term
is
defined
in
section
50
of
the
Corporations
Act
2001);
(b)
each
of
their
directors,
officers,
employees,
contractors
and
agents,
and
each
of
them,
past
and
present;
and
(c)
each
of
their
assignees
and
licencees.
And
references
to
the
Broadcaster
shall
mean
(a)
the
Broadcaster’s
related
bodies
corporate
(as
that
term
is
defined
in
section
50
of
the
Corporations
Act
2001);
(b)
their
directors,
officers,
employees,
contractors
and
agents,
and
each
of
them,
past
and
present;
and
(c)
their
assignees
and
licencees.
8
15.5 If
you
receive
a
bona
fide
offer,
during
the
Option
Period
and
for
a
further
eight
(8)
months
thereafter
for
a
Development
Deal
and/or
any
kind
of
media
related
proposal
for
development
of
any
media
project
from
any
third
party
(other
than
Shine)
then;
(a) you
agree
that
you
may
not
conclude
any
deal
and/or
agreement
with
any
such
third
party,
without
first
providing
to
Shine
notice
of
such
terms;
(b) Shine
will
have
thirty
(30)
business
days
from
the
date
of
notice
from
you
to
Shine
within
which
to
match
or
better
the
financial
terms
of
any
bona
fide
third
party
offer
or
negotiate
with
you
on
other
terms
excluding
those
terms
that
cannot
be
met
easily
by
one
person
or
another;
(c) You
must
provide
all
details
of
the
bona
fide
third
party
offer
to
Shine
and
provide
such
further
reasonable
information
concerning
the
offer
as
Shine
may
request;
(d) If
Shine
elects,
to
match
or
better
the
terms
of
any
such
bona
fide
third
party
offer,
the
parties
must
forthwith
enter
into
an
agreement
on
those
match
or
bettered
terms;
and
(e) For
the
avoidance
of
any
doubt,
Shine
is
not
obliged
to
match
or
better
the
terms
of
any
third
party
offer.
15.6 If
Shine
does
not
exercise
their
Option
under
clause
15.4,
and
if
Shine
fails
to
notify
you
that
it
wishes
to
match
or
better
the
terms
of
any
such
bona
fide
third
party
offer
within
the
thirty
(30)
business
day
period,
or
notifies
you
that
it
does
not
wish
to
match
or
better
those
terms,
then
subject
to
the
other
terms
of
this
Agreement,
both
parties
obligations
under
sub-‐clauses
15.4
and
15.5
shall
be
deemed
to
be
at
an
end.
16. MISCELLANEOUS
16.1 You
have
consented
to
Shine
conducting
or
arranging
for
background
checks
on
you
as
Shine
deems
necessary
in
their
entire
discretion,
including
a
criminal
history
check
and
you
have
agreed
to
sign
any
documents
required
by
Shine
in
this
respect
whether
at
this
or
any
later
stage.
16.2 You
acknowledge
that,
for
the
period
during
which
Shine
is
producing
the
Program/Competition
involving
the
Final
24,
and
whilst
you
remain
in
the
Competition:
-‐
(a) You
will
be
separated
from
your
family,
friends
and
your
regular
environment,
and
have
limited
contact
with
family
and
friends
for
an
extensive
period
of
time
and
Shine
will
require
you
to
reside
with
some
or
all
of
the
others
of
the
Final
24
in
a
residence
or
residences
in
Melbourne
that
Shine
will
organise
(Residence)
for
a
period
of
up
to
25
weeks
(not
including
th
production
breaks)
commencing
on
or
about
18
February
2013
(subject
in
both
cases
to
change
at
Shine’s
entire
discretion);
(b) You
acknowledge
that
you
are
responsible
for
your
own
safety,
health
and
welfare,
and,
without
limiting
Clause
16.7,
in
the
absence
of
Shine
being
held
by
a
competent
court
to
be
negligent,
you
indemnify
and
hold
Shine
harmless
against
any
claims,
costs
or
expenses
(including
legal
expenses)
as
a
result
of
damages
or
injury
suffered
by
you
or
caused
by
you
to
any
person
or
property
during
production
of
the
Competition/Program
and/
or
whilst
you
are
at
the
Residence;
(c) You
agree
not
to
use
any
device
or
form
of
technology
(including
but
not
limited
to
all
forms
of
cameras
and
mobile
phones)
to
take
photographs
or
make
any
audio,
visual
or
audiovisual
recordings
of
any
of
the
Final
24
(including
yourself)
or
any
cast
and
crew
associated
with
or
involved
in
the
Competition/Program
or
of
the
Residence
during
the
production
of
the
Competition/Program
or
whilst
you
are
at
the
Residence;
(d) You
will
use
all
best
endeavours
to
ensure
that
you
are
present
at
the
Residence
at
all
reasonable
times
required
by
Shine;
(e) Without
limiting
any
of
the
foregoing,
you
will
abide
by
all
lawful
requests
and
rules
set
by
Shine
in
its
absolute
discretion
relating
to
the
Residence;
(f) If
you
choose
to
leave
the
Residence
at
a
time
when
you
are
required
by
Shine
to
be
at
the
Residence,
or
if
you
fail
to
abide
by
all
lawful
requests
and
rules
set
by
Shine
and
breach
this
Clause,
Shine
may
terminate
this
Agreement
and/or
disqualify
you
from
the
Competition;
and
(g) You
acknowledge
that
neither
Shine
nor
Broadcaster
will
provide
any
form
of
childcare
assistance
during
the
production
of
the
Competition/Program
and/
or
during
your
time
at
the
Residence.
16.3 Neither
Shine
not
the
Broadcaster
shall
be
liable
to
you
or
your
legal
representative
for
any
loss
or
damage
or
injury
to
you
or
your
property
caused
by
or
suffered
during
or
in
connection
with
you
taking
part
in
the
Competition
unless
caused
by
Shine’s
negligence
and
recoverable
on
that
ground
following
judgment
of
a
competent
court
of
final
judgment.
16.4 Agreement
means
this
agreement,
release
and
waiver.
16.5 You
acknowledge
that
the
decision
concerning
the
selection
or
elimination
of
the
Contestants,
the
Rules,
the
winner(s),
and
any
other
decision
that
Shine
makes
in
connection
with
the
Program,
is
final.
16.6 You
understand
and
agree
that
Shine
reserves
the
right
in
its
sole
discretion
to
add,
change,
delete
from,
modify
or
amend
the
Rules,
the
Program
activities,
the
elimination
and/
or
the
manner,
process
and
form
of
the
elimination
of
the
Contestants
of
the
Program,
the
granting
and
withholding
of
the
Prize
and
any
other
prizes
and
the
Contestants
of
the
Program.
16.7 The
sole
remedy
for
you
for
any
breach
of
this
Agreement
by
Shine
is
an
action
at
law
for
damages
(if
any)
and
you
do
not
have
the
right
to
rescind
or
to
revoke
any
of
the
rights
granted
hereunder
or
to
seek
or
obtain
injunctive
or
other
equitable
relief
restricting
or
delaying
the
production,
exhibition
or
exploitation
of
the
Program.
16.8 If
any
court
or
administrative
body
of
competent
jurisdiction
shall
find
any
provision
of
this
Agreement
to
be
invalid
or
unenforceable,
the
invalidity
or
unenforceability
of
such
provision
shall
not
affect
the
other
provisions
of
this
Agreement
and
all
provisions
not
affected
by
such
invalidity
or
unenforceability
shall
remain
in
full
force
and
effect.
16.9 No
forbearance,
delay
or
indulgence
by
any
party
in
enforcing
the
provisions
of
this
Agreement
shall
prejudice
or
restrict
the
rights
of
that
party
nor
shall
any
waiver
of
its
rights
operate
as
a
waiver
of
any
subsequent
breach
and
no
right,
power
or
remedy
herein
conferred
upon
or
reserved
for
any
party
is
exclusive
of
any
other
right,
power
or
remedy
available
to
that
party
and
each
such
right,
power
or
remedy
shall
be
cumulative.
9
16.10 This
Agreement
shall
be
interpreted
exclusively
in
accordance
with
the
laws
of
New
South
Wales
and
the
parties
agree
to
submit
to
the
exclusive
jurisdiction
of
the
New
South
Wales'
courts.
16.11 This
Agreement
and
the
your
audition
release
represent
the
entire
agreement
between
Shine
and
you
in
relation
to
your
Contribution
and
your
participation
in
the
Program.
This
Agreement
supersedes
any
prior
written
or
verbal
agreements
and
cannot
be
varied
unless
modified
in
writing
between
you
and
Shine.
SIGNED
AS
AN
AGREEMENT
Signed
by
You:
……………………………………………………………………………………………………………………………….
Date:
………………………………………………………………………………………………………………………………………………….
10